---
kind: "section"
citation: "12 C.F.R. § 238.85"
title: "12"
number: "238.85"
heading: "Adjudications and offenses not covered."
url: "https://uscodex.org/cfr/12/238.85"
---

# §238.85. Adjudications and offenses not covered.

- (a) **Youthful offender or juvenile delinquent.** This subpart does not cover any adjudication by a court against a person as:
  - (1) A youthful offender under any youthful offender law; or
  - (2) **A juvenile delinquent by a court with jurisdiction over minors as defined by state law.**
- (b) **De minimis criminal offense.** This subpart does not cover de minimis criminal offenses. A criminal offense is de minimis if:
  - (1) The person has only one conviction or pretrial diversion or similar program of record;
  - (2) The offense was punishable by imprisonment for a term of less than one year, a fine of less than $1,000, or both, and the person did not serve time in jail.
  - (3) The conviction or program was entered at least five years before the date the person first held a position described in [§ 238.83(a)](/cfr/12/238.83.md?p=a); and
  - (4) The offense did not involve an insured depository institution, insured credit union, or other banking organization (including a savings and loan holding company, bank holding company, or financial holding company).
  - (5) The person must disclose the conviction or pretrial diversion or similar program to all insured depository institutions and other banking organizations the affairs of which he or she participates.
  - (6) The person must be covered by a fidelity bond to the same extent as others in similar positions with the savings and loan holding company.

## Notes

### Authority

Authority: 5 U.S.C. 552, 559; 12 U.S.C. 1462, 1462a, 1463, 1464, 1467, 1467a, 1468, 5365; 1813, 1817, 1829e, 1831i, 1972, 15 U.S.C. 78 l.

### Source

Source: Reg. LL, 76 FR 56532, Sept. 13, 2011, unless otherwise noted.